Managing Business Risk in Contracts: Indemnity, Limitations on Liability, and Other Approaches to Limiting Exposure

Knowing the best approaches and structures to limit risk under a contract can make or break the success of a deal. Traditional tools such as limitations on liability or indemnification can be drafted to maximize protections for your client or company. Even so, the practical realities of an ongoing business relationship may trump or require adjustment to an airtight legal position. How to fortify your contracts’ protections against future risk and strategically manage those protections to achieve your client’s business goals is the subject of our program. Our expert panel will offer tips and strategies from in-house counsel, a licensing specialist, and litigators on some of the following common issues:

Scope, exclusions, and caps in limitations of liability provisions

Structuring indemnities to better protect against liabilities and control over litigation

Best practices when making, or responding to, indemnity demands

Identifying and addressing conflicts of interest when third-party litigation ensues

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